Crosby

Defendant was convicted of the crime of rape, and appeals from the judgment whereby he was sentenced to state prison for a term of twenty years.

Respondent insists that defendant is not entitled to a review of the alleged errors presented herein, for the reason that no appeal was taken from the final judgment. After defendant’s counsel had made a purported motion for a new trial and motion in arrest of judgment, both of which were overruled, the court pronounced its judgment; whereupon counsel for defendant said: “At this time I would like to give notice of appeal, to the court and district attorney—appeal in this case from the verdict and the judgment of the court denying the motion for a new trial and arrest of judgment.” No appeal lies from the verdict (Pen. Code, sec. 1237; People v. Garwood, 11 Cal. App. 665, [ 106 Pac. 113 ]); nor from an order in arrest of judgment (Code citation, supra; People v. Mullen, 7 Cal. App. 547 , [ 94 Pac. 867 ]); and it is contended by respondent that under the method adopted in 1909, prescribing the manner of taking appeals in criminal cases, no appeal lies from an order denying a motion for a new trial. Without so holding, but conceding…